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HomeMy WebLinkAbout10-18-04 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL October 18, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 18, 2004 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Conunissioner Lynda Kay Makin Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Commission members absent: Vice -Chairman Greg Dykernan Commissioner Dohn LaBiche Alternate Commissioner Paul Jones Councilmembers present: Mayor Evelyn Lord Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Bobbie Patterson Councilmembers absent: Mayor Pro-Tem Becky Ames Councilmember Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director APPROVAL OF THE MINUTES Chairman Leister corrected the minutes of the Regular Meeting and Joint Public Hearings held September 20, 2004. On page 12, paragraph 6 should read Commissioner Hallmark instead of Chairman Leister. Planning Commission October 18, 2004 Commissioner Bodwin made a motion to approve the corrected minutes of the Regular Meeting and Joint Public Hearings held September 20, 2004. Commissioner Makin seconded the motion. Motion to approve carried 9:0. REGULAR MEETING I File 672-OB: Request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van Wormer Addition. Applicant: Perry Yoder for Oilquip, Inc. Mr. Richardson presented the staff report. Oilquip, Inc. is leasing the properties on both sides of this section of Bowie and the alley. Due to the planned future growth and development of the company, they are requesting abandonment of these two rights -of -way. This item was sent to all interested parties. One comment received after the staff report was written was from Entergy. They have a pole with overhead span guys, anchors and down guys supporting a primary line that crosses Avenue C. Entergy does not object to the abandonment but would require the retention of a general utility easement or the moving of the utility at the applicant's expense. Mr. Richardson recommended approval of the request subject to the retention of an easement or the moving of the utility at the applicant's expense. Chairman Leister asked for the applicant's comments. Perry Yoder with Oilquip, Inc., the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. Commissioner Hurley made a motion to approve the request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van Wormer Addition as requested in File 672-OB, subject to an agreement between the applicant and Entergy concerning the moving of the pole. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. Planning Commission October 18, 2004 JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of October 18, 2004 to order and explained the put -pose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 174 1 -P: Request for a specific use permit to allow a residential care facility housing offenders in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1635 Avenue A Applicant: Land Manor, Inc. Mr. Richardson presented the staff report. Land Manor has operated a 45 bed indigent male and female substance abuse facility at this location since 1986. Land Manor is now requesting a modification to its Texas Department of Criminal Justice contract that will allow it to provide treatment to adult female parolees who have already participated in a 9 month in -prison Therapeutic Community for treatment of addiction. This facility will provide these females with additional chemical dependency treatment and assistance through the Department of Assistive. and Rehabilitative Services. The facility will offer residential services to 10 females and outpatient services to 16 females. Mr. Richardson recommended approval with a modification to the landscaping requirements along the north, east and south sides. Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Terry Jackson with Land Manor, the applicant, addressed the Commission. He answered questions regarding the total number of persons at the facility, risks involved to the community, etc. Chairman Leister asked for comments in favor or in opposition. Mr. David, 5370 Landry Lane, spoke in favor of the request. Mary Roark, 745 Boxwood, Vidor, spoke in favor of the request. Planning Commission October 18, 2004 Jose' Gonzalez, 4265 Birmingham, spoke in favor of the request. Deadrian Wood, L.C.D.C,, spoke in favor of the request. Ms. Wood is employed by the Jefferson County Drug Intervention Program. Lottie Davillier, co-founder of the HOW Center, 2509 Cable, spoke in favor of the request. Paula Moore, 3015 S. Willowood Lane, spoke in favor of the request. Ms. Moore is a social worker with Some Other Place. The public hearing was closed. Commissioner Makin made a motion to approve a specific use permit to allow a residential care facility housing offenders in an RM-H District at 1635 Avenue A as requested in File 1741-P with a modification to the landscaping requirements along the north, east and south sides. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 2) File 1742-Z: Request for a zone change from GC-MD-2 (General Commercial - Multiple Family Dwelling-2) to RS (Residential Single Family Dwelling) District. Location: 2095 S. Major Drive Applicant: Gwendolyn Kelly Mr. Richardson presented the staff report. Gwendolyn Kelly, the applicant, is asking that the rezoning granted to her in 2003, be changed back to its original RS zoning. It was her original plan to open a craft and hobby shop but her plans have changed. Mr. Richardson reconu-nended approval. Twenty-two notices were mailed to property owners within 200 feet. One cormnent in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Gwendolyn Kelly, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 4 Planning Commission Oclober 18, 2004 Commissioner Craig made a motion to approve a zone change from GC-MD-2 to RS District for the property at 2095 S. Major Drive as requested in File 1742-Z. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 3) File 1743-P: Request for a specific use permit to allow a retail tire store in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 6050 Concord Applicant: Modica Brothers, Ltd. Mr. Richardson presented the staff report. Modica Brothers would like to construct a 9,133 sq. ft. retail tire store with related parking. In 2000, Modica Brothers was granted a zone change to GC-MD-2. Mr. Richardson stated that when he prepared the staff report, the only condition required was redesigning the disabled parking stall. However, the widening of Concord Road will require an additional 10'of right-of-way along the north side of the street. He discussed this with Mr. Modica and be has agreed to move everything back 10'. Mr. Richardson recommended approval subj ect to redesigning the disabled parking stall and moving everything back 10' to accommodate the needed right-of-way. Nine notices were mailed to property owners within 200 feet. No notices in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. J. C. Modica, the applicant, addressed the Commission Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve a specific use permit to allow a retail tire store in a GC-MD-2 District at 6050 Concord as requested in File 1743-P, subject to redesigning the disabled parking stall, allowing for an additional 10' of right-of-way for the widening of Concord and limiting the height of the sign to 20 feet. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 4) File 1744-P: Request for a specific use permit to allow a cellular phone transmission tower in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2949 College Street Applicant: Verizon Wireless Planning Commission October 18, 2004 Mr. Richardson presented the staff report. The subject request is to allow a cell tower at the rear of 2949 College Street. Verizon Wireless will be leasing a 75'x 75' area from Creative Impressions for a 150' tall cell tower. Included with the tower will be a 326 sq. ft. equipment building. The entire compound will be surrounded by a 6'tall chain link fence. Landscaping will be provided along the north, east and west sides of the lease space. Mr. Richardson recommended approval of the request subject to placing slats in the chain link fence along the south side and designing the off -Meet parking stall to discourage backing into Gilbert Street. Twenty-one notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mark Hodges with Verizon Wireless, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Joe Golias, 1450 Thomas Road, addressed the Commission in opposition to the request. Mr. Golias owns property adjacent to the subject property. Robert Verde addressed the Commission in favor of the request. Mr. Verde owns the property at 2949 College, Creative Impressions, Rebuttal by Mr. Hodges. The public hearing was closed. Commissioner Hurley made a motion to approve a specific use permit to allow a cellular phone transmission tower in a GC -MD District at 2949 College Street as requested in File 1744-P, subject to the following conditions: 1. Place slats in the chain link fence along the south side, (Planning) 2. Design off-street parking stall to discourage backing into Gilbert Street. (Traffic) Chairman Leister seconded the motion. Motion to approve carried 9:0. N. Planning Commission October 18, 2004 5) File 1745-Z: Request for a zone change from LI (Light Industrial) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: West side of M. L. K. Parkway, between Florida and Veatch Applicant: Campus Village Housing, Inc. (Commissioner Moor abstained from this case.) Mr. Richardson presented the staff report. The zone change involves the rear portions of a 2.6 acre tract and a 3.36 acre tract that are zoned LI. The front 190' of these two tracts are already zoned GC -MD. The purpose of the zone change is to rezone the property so that the entire 5.86 acres can be developed into a luxury housing development. Campus Village Housing has identified a demand for off -campus, luxury housing near Lamar University. Mr. Richardson recommended approval of the request. Twenty-two notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mack Jones with Campus Village Housing, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Walter Snider, 3560 Delaware, addressed the Commission in opposition to the request. Mr. Snider represents Industrial Apparatus Service, which is located to the side and behind the proposed apartment complex. They are concerned about future noise complaints directed at them from the apartment tenants. Gary Poole, an owner of Industrial Apparatus Service, addressed the Commission in opposition to the request. Paul Suddath, an owner of Industrial Apparatus Service, addressed the Commission in opposition to the request. Gene Steadman, an owner of Industrial Apparatus Service, addressed the Commission in opposition to the request. Platilling Commission October 18, 2004 Rebuttal by Mack Jones. Mr. Cooper reminded the Connnission that industrial uses cannot exceed noise levels of 75dB (A). The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change from LI to GC - MD District for the property on the west side of M. L. K. Parkway, between Florida and Veatch as requested in File 1745-Z. Commissioner Johnson seconded the motion. Motion to approve carried 8:0: 1. 6) File 1746-Z: Request for a zone change from A-R (Agricultural -Residential) to PUD (Planned Unit Development) District. Location: North side of Walden Road, east of Dishman Elementary School Applicant: Robert S. Clark Mr. Richardson presented the staff report. The subject property consists of 139.8 acres. Robert Clark, representing the developers of the property, states that the Crescent on Walden development will consist of home lots varying in size from approximately one acre to zero lot line. The mixed density development will also contain three separate lakes, affording some waterfront lots. Mr. Richardson recommended approval of the request. Thirteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Robert Clark, representative of The Crescent on Walden, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Jim Hayes, Managing Principal of The Crescent on Walden, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Moor made a motion to approve a zone change from A-R to PUD District for property located on the north side of Walden Road, east of Dishman Elementary School as requested in File 1746-Z. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. N. Planning Commission October 18, 2004 7) File 1747-P: Request for a specific use permit to allow a general office building complex in a GC-MD-2 (General Cominercia I -Multiple Family Dwelling-2) District. Location: East side of Dowlen Road, south of the Gulf Employees Federal Credit Union Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. In August, 2004, City Council approved a zone change to GC-MD-2 for the subject property. The proposed development will consist of three one-stoty buildings with a total of 17,935 sq. ft. The buildings will be used for general office uses. The Traffic Manager has conditioned approval of the request upon the removal of the north driveway. In addition, he has stated that no new median cut on Dowlen Road will be allowed. The applicant has requested a modification of the landscaping/screening requirements along the east property line. They are showing a 6' screening fence along the property line. An Ttall wood screening fence and 10'wide landscape strip will be required. Mr. Richardson recommended approval subject to: 1. Modify the west disabled parking stall. 2. Eliminate the north driveway. 3. No new median cut will be allowed. 4. An 8' tall wood screening fence and 10' wide landscape strip will be required along the east property line. 5. Existing downspouts must be utilized or new culverts tied in to low flow concrete per DD#6 specs. No overbank runoff. Eight notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Don King with Fittz and Shipman, Inc., the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a general office building complex in a GC-NM-2 District located on the east side of Dowlen Road, south of the Gulf Employees Federal Credit Union as requested in W11 Planning Commission October 18, 2004 File 1747-P, subject to: Modify the west disabled parking stall. Eliminate the north driveway. No new median cut will be allowed. An 8' tall wood screening fence and 10' wide landscape strip will be required along the cast property line. Existing downspouts must be utilized or new culverts tied in to low flow concrete per DD#6 specs. No overbank runoff. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. ��i A.-SiFaw I &g THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:40 P. M. 10